Merck & Co.’s loss of a $200 million jury verdict for patent infringement shows that companies with internal prosecution staff need to observe strict rules for external communications, according to Bloomberg Law.

“The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s judgment that Merck could not collect the award because of its ‘unclean hands’ in procuring the two patents asserted against Gilead Sciences Inc.,” writes Tony Dutra. “Under the unclean-hands doctrine, the lower court was reasonable in wiping out the entire amount because Merck’s patent attorney’s misconduct in 2004 directly affected its litigation position in 2013, the appeals court said.”

A Merck in-house lawyer listened in on a 2004 phone call during which another company divulged information on a compound being developed. The lawyer — despite being under a nondisclosure agreement — subsequently changed a Merck patent application that was in the works, narrowing the applied-for patent claims to cover what the other company disclosed, Dutra explains.

Read the Bloomberg article.

The Washington Post reports that the U.S. Court of Appeals for the Fourth Circuit ruled that Just Born Quality Confections, the firm that makes the candy known as Peeps, could not unilaterally stop enrolling new employees in a pension without paying a penalty, something it had tried to do since 2015.

Reporter Damien Paletta explains possible consequences: “The appeals court decision could have a major effect on hundreds of other companies that are trying to determine whether to continue making payments to their own multi-employer pension plans. A number of multi-employer plans have weak balance sheets, exacerbated by a wave of aging workers and new retirees. This dynamic has forced some firms to pay higher premiums to their pensions in an effort to boost solvency.”

The case arose when Just Born announced three years ago that it would no longer enroll new employees in the multi-employer pension it had participated in for decades and would instead divert money into a 401(k) plan for those workers.

Read the Post article.

DLA Piper represented Bregal Sagemount in the sale of its portfolio company Remote DBA Experts, LLC, a leading provider of remote database administration and cloud-managed services, to Madison Dearborn Partners, a Chicago-based private equity firm, the firm said in a release.

The DLA Piper team was led by Joe Alexander (Miami), the firm’s Southeast US managing partner and co-chair of US Private Equity, and included partners Daniel Rollman, Jamie Konn (both Atlanta), Omari Sealy (Miami), Julia Kovacs, Jennifer Kashatus (both Washington, DC), William Bartow (Philadelphia), Nathaniel McKitterick (Silicon Valley) and Drew Young (New York).

Morrison & Foerster announced the results of “Legal Risks to Consumer Products Companies in 2018,” a survey of senior in-house legal counsel at consumer products companies. Morrison & Foerster commissioned the survey to gain and share insights into consumer products companies and their key legal concerns, perceptions of emerging risks, and expectations for 2018.

The report includes the following findings:
• The most important drivers of change for consumer products companies in 2018 will be the economy (78%), government regulatory change (71%), and technological advancements (59%).
• 69% of respondents said that litigation was their biggest concern, followed closely by protection of brand equity (60%) and privacy and data security (56%).
• Approximately two out of five legal departments expect their litigation costs to increase in 2018. Estimated cost increases ranged from 5% to 11% or more.
• Approximately one in three legal matters in 2017 were considered high risk or complex, with one out of five in-house counsel expecting more high-risk lawsuits in 2018.
• Survey respondents expect that product liability (45%), data privacy (44%), and regulatory/compliance (42%) will give rise to the most new case activity.

“Consumer products companies have always faced unique legal challenges, but in-house counsel are now under more pressure than ever to protect their brand and keep their consumers’ trust,” said Erin Bosman, chair of Morrison & Foerster’s Product Liability and Counseling Practice. “Our survey revealed that, while reputation and litigation threats continue to grow, advancing technology ¬ like the Internet of Things ¬ has created an even more complex legal landscape that will force companies to anticipate and plan for previously unknown risks.”

“Our survey results show that the ever-changing regulatory environment is also top-of-mind for consumer products companies,” stated Julie Park, a partner in the Product Liability and Counseling Practice. “While the current federal government is unlikely to add regulations, state and local governments are taking a different approach and could implement changes on everything from climate change and nutrition to privacy and labor laws.”

Morrison & Foerster’s “Legal Risks to Consumer Products Companies in 2018” survey of consumer products companies was conducted in late 2017 by telephone, primarily by market research company YouGov. The survey incorporates responses from senior in-house counsel at more than 60 consumer products companies in the United States with revenues ranging from $250 million to $1 billion. Companies participating in the survey represent a range of consumer products, including electronics, foods and beverages, household products, apparel, cosmetics, and office products.

Read the report.

An Atlanta jury found Claud “Tex” McIver guilty of felony murder on Monday in the fatal shooting of his wife, Diane McIver, while they were riding in an SUV in 2016.

McIver is a former Fisher & Phillips partner.

The Atlanta Journal-Constitution reports: “Known as ‘The Fixer’ because of his ability to grease the wheels of bureaucracy and get things done, McIver appeared stunned as he was handcuffed by a Fulton County sheriff’s deputy and led from the courtroom following the verdict. McIver had lived a mostly charmed existence until the evening of September 25, 2016, when he shot his wife Diane in the back as they were being driven near Piedmont Park. He claimed it was an accident. Jurors didn’t buy it.”

The sentence carries a mandatory life sentence for the 75-year-old defendant.

“It’s unclear whether the jurors who leaned toward involuntary manslaughter knew they were accepting a deal that would likely send McIver away until death,” the Journal-Constitution reports in another article.

Read the Journal-Constitution article.

Bloomberg Law reports that the U.S. Supreme Court upheld an administrative review system that has helped Google Inc., Apple Inc. and other companies invalidate hundreds of issued patents.

The 7-2 court found that a U.S. Patent and Trademark Office review board that critics call a patent “death squad” wasn’t unconstitutionally wielding powers that belong to the courts.

Reporters Greg Stohr and Susan Decker provide background: “Silicon Valley companies have used the system as a less-expensive way to ward off demands for royalties, particularly from patent owners derided as “trolls” because they don’t use their patents to make products. Drugmakers and independent inventors complain that it unfairly upends what they thought were established property rights.”

Read the Bloomberg article.

Microsoft has named a new general counsel, reviving a position that was left vacant about two years ago when the former GC left to join music streaming company Spotify in 2016, reports The Seattle Times.

The new GC will be Dev Stahlkopf, most recently the deputy general counsel in the company’s HR legal team. She will report to Microsoft President Brad Smith, who also serves as chief legal officer. Smith’s responsibilities are not changing, the company said.

Reporter Rachel Lerman writes that Stahlkopf will focus on aligning the company’s legal teams and implementing new projects, the company said. The legal teams in Redmond will report to her.

Read the Seattle Times article.

Last week, the Democratic National Committee filed a lawsuit against the Russian Federation and the General Staff of the Armed Forces of the Russian Federation for a “brazen attack on American Democracy” in the 2016 presidential election.

The lawsuit accuses Russian intelligence of hacking into the DNC’s computer system and stealing information to use to its advantage, including interfering in the 2016 presidential election. WikiLeaks, Donald Trump Jr., and the Trump campaign are also named as defendants.

In a post on the website of Androvett Legal Media & Marketing, Dallas attorney David Coale of Lynn Pinker Cox & Hurst says the lawsuit has a lot of interesting points, but doesn’t think it will survive long-term judicial scrutiny.

“It’s flashy, but it’s hard to imagine it going very far. Civil cases are often stayed while criminal investigations are ongoing – like Mueller’s – and the damages are not obvious. But the lawsuit does force everyone to keep the DNC in the loop while everything else unfolds.”

Veteran Dallas attorney Rogge Dunn has established a new firm, the Rogge Dunn Group, PC.

In a release, the new firm said Dunn has experience representing executives, companies and brokers in business litigation, employment disputes and claims involving the Financial Industry Regulatory Authority (FINRA).

Joining Dunn at the firm are partners Gregory Clift, Bryan Collins, Josh Iacuone and Brian Shaw, and attorneys David Gross and John Lynch. All were previously with the firm of Clouse Dunn in Dallas.

“The timing was right to make this move, and my colleagues and I are excited about the opportunity to showcase our expertise, flexibility, and innovative approaches to resolving contentious disputes, both in the courtroom and at the bargaining table,” says Dunn. “We have a team of lawyers with big firm talent without the bureaucratic constraints.”

Dunn is certified in both Civil Trial Law and Labor and Employment Law by the Texas Board of Legal Specialization, and has been repeatedly honored among the state’s top litigators by his peers and a wide range of legal publications. He has been recognized on multiple occasions as one of the top 100 attorneys in Texas on the Texas Super Lawyers list, and has been repeatedly selected to D Magazine’s Best Lawyers in Dallas list.

The firm said Dunn has litigated claims on behalf of a number of high net worth individuals and Fortune 500 executives, as well as professional athletes, coaches, judges and corporate general counsel. While several of these cases have garnered national and international attention, Dunn has successfully resolved numerous other matters on a confidential basis.

Dunn earned his law degree with honors from The University of Texas School of Law, where he was a member of the Law Review and the school’s Board of Advocates. He received his undergraduate degree with honors from Southern Methodist University, and currently serves on the Associate Board of SMU’s Cox School of Business, as a member of the SMU Digital Accelerator Advisory Board, and as an adjunct professor of the school’s MBA program.

Barnes & Thornburg LLP has added David Kelly as a partner in the Intellectual Property Department in the firm’s Atlanta office. He joins from Hunton & Williams LLP, where he chaired that firm’s Life Sciences practice.

In a release, the firm said Kelly is a patent litigator who represents clients on a variety of intellectual property matters in the life sciences and technology industries, including medical device, pharmaceutical and molecular diagnostic, as well as synthetic biology and biotech companies. Kelly’s experience extends to managing IP due diligence and international patent prosecution dockets and acting as trial, appellate and inter partes review counsel in front of the U.S. Patent and Trademark Office and federal district courts.

“We’re excited to add David to our IP bench in Atlanta,” said Stuart Johnson, managing partner of the firm’s Atlanta office. “Our region’s tech ecosytem is one of the fastest growing in the U.S., which makes David’s medical and tech-focused legal practice directly applicable to the strategic opportunities we see in our region and elsewhere.”

On the trial side, Kelly has been lead trial lawyer on numerous cases involving patent infringement, trade secret misappropriation, and false advertising. He has deep knowledge and experience at every stage of litigation, including transferring cases to different venues, dismissing claims, obtaining summary judgement of patent validity and invalidity, obtaining sanctions against competitors, and winning appeals for both patent owners and accused infringers.

“David is a talented IP litigator and counselor to his clients,” said Julia Gard, chair of Barnes & Thornburg’s Intellectual Property Department. “His tactful ability and experience in successfully litigating high-stakes, multi-million dollar patent infringement cases will be a great advantage to our national practice visibility. His wide-ranging knowledge and impressive skillset in court will be a great benefit to our clients.”

Kelly received his J.D. from the University of California-Davis, and a double B.S. from the University of Georgia. He also completed two years of graduate coursework in microbiology and immunology at the University of North Carolina at Chapel Hill, where he worked in a well-known virology laboratory studying Epstein-Barr virus.

After opening an office in Seattle late last year, Buchalter announces that Jeffrey G. Frank has joined the firm as managing shareholder of the new office, and Bradley P. Thoreson, and Doug Prince have both joined as shareholders. All join from Foster Pepper where they were partners. Sherman Helenese joined the Seattle office in November of last year. He was previously with Garvey, Schubert & Barer. Mitchell J. Olejko, a Shareholder in Buchalter’s Health Care Practice Group, now practices out of both the San Francisco and Seattle offices.

“The decision to open an office in Seattle was a natural one as the city’s technology, financial services, real estate, and construction industries are all thriving. We are thrilled to welcome Jeff, Brad, Doug, and Sherman to the firm,” said Adam J. Bass, President and Chief Executive Officer of Buchalter. “We anticipate and look forward to further increasing our presence in Seattle in the near future.”

Frank has practiced in the areas of commercial, construction, and real estate litigation for more than 30 years. Frank is currently a Board Member of the Foundation for Washington State Courts King County Bar Foundation and serves on the Board of Trustees and as an Officer of the King County Bar Foundation. He earned his J.D. from Seattle University School of Law.

“Buchalter is very well-established in the California market, and I’m excited for the opportunity to expand the Firm’s footprint to Seattle as we counsel businesses in the State of Washington on increasingly complex corporate, finance, and real estate matters,” said Frank. “In addition to the opportunity to lead Buchalter’s expansion outside the States of California and Arizona, I was drawn to Buchalter because of its focus on client service.”

Thoreson concentrates his practice on complex commercial litigation representing both plaintiffs and defendants in a wide variety of contractual business and real estate disputes. During his 30 years of practice, Thoreson has successfully tried more than 40 cases to verdict, both in state and federal courts. Active in community philanthropy, Thoreson currently serves on the Board of Trustees of Seattle Pacific University and the Board of Governors for the Washington Athletic Club, where he is also a member of the 101 Club. In addition, he recently completed a two-year term as Board Chair of the Corporate Board of Directors for the Boys & Girls Clubs of King County. Thoreson earned his undergraduate degree from Seattle Pacific University, where he played basketball, and received his J.D. from Seattle University School of Law.

“Given the depth and breadth of Buchalter’s expertise in the areas where I practice, joining Buchalter presents an incredible opportunity for me and my clients. As a result, I could not be more pleased to help launch Buchalter into this market. For me, my practice and my clients, the firm and its culture is the perfect fit,” said Thoreson.

Prince has over 35 years of experience in asset based lending. He is admitted to practice in both Washington and Oregon. Prince is a current Board Member of Impact Capital and Mary’s Place and serves on the executive committee of both boards. He earned his J.D. from Stanford University Law School.

Helenese’s practice focuses on complex intellectual property and technology transactions, privacy and data security. He represents clients ranging from emerging growth to public corporations in the technology, retail, advertising, transportation, consumer products, and professional services industries. Helenese earned his J.D. from the University of Utah, SJ Quinney College of Law, his M.B.A. from Seattle Pacific University, his M.A. from the University of Southern Maine, and his B.A. from Colby College.

Hillary Frommer of New York City has recently been appointed co-chair of the New York County Lawyers Association’s Estates, Trusts and Surrogate’s Court Practice Committee. Her three-year term begins on July 1, 2018.

Frommer is counsel with the firm’s Trusts and Estates department. She focuses her practice in litigation, and handles all types of matters in the New York Surrogate’s Court, and matters in the New York Supreme Court involving estates. Hillary earned her J.D. from Chicago-Kent College of Law, with honors, and her B.A. from Cornell University.

In a release, the firm said the New York County Lawyers Association is one of the largest, most influential bar associations in the country. It has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and public policy.

Employment and labor law practice Littler and ComplianceHR, a joint venture of Littler and Neota Logic, announced the launch of PAID Forward.

In a release, the firm said PAID Forward helps employers navigate a new self-reporting program from the Department of Labor (DOL) that allows them to proactively address potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) without incurring penalties or litigation threats. The Payroll Audit Independent Determination (PAID) program, which the DOL announced on March 6, encourages employers to audit their compensation practices, report any potential violations to the DOL’s Wage and Hour Division and remedy errors and compensate employees accordingly.

The release continues:

“The DOL’s PAID program provides employers with a unique opportunity to self-report potential minimum wage, overtime or other violations through a formal mechanism and proactively resolve any issues, while avoiding various litigation-related expenses,” said Tammy McCutchen, a principal in Littler’s Washington, D.C., office, Vice President of ComplianceHR and a former administrator of the DOL’s Wage and Hour Division. “PAID Forward is a valuable resource for employers that combines Littler’s vast knowledge of FLSA audits and wage and hour compliance with ComplianceHR’s artificial intelligence platform for delivering clear and actionable information.”

“We are rolling out a new suite of expert system applications to identify potential off-the-clock work and compensation inappropriately excluded from the overtime calculations,” said Lori Brown, Chief Executive Officer of ComplianceHR. “These new apps, together with our award-winning Navigator OT which analyzes the risk of overtime misclassifications, will provide our users with a comprehensive suite of tools for assessing FLSA compliance – the first step to participate in the DOL’s PAID program.”

The PAID Forward solution begins with a tool to determine if a company is eligible to participate in PAID and then uses the ComplianceHR application to identify potential FLSA risk. Finally, a team of experienced Littler attorneys will guide the company through identifying appropriate remedial actions going forward, calculating back wages, preparing the necessary submissions to the DOL and negotiating with the DOL to ensure practices being corrected are not subject to future litigation.

“Many employers are rightfully excited about this new program, but as with any major move by the federal government on employment law, there are a lot of questions,” said Lee Schreter, Co-Chair of Littler’s Wage and Hour Practice Group. “The PAID Forward service helps employers streamline their auditing and reporting, while providing counsel from attorneys to most effectively work with the DOL and ensure pay practices are compliant moving forward.”

The DOL’s PAID program opened April 3 and was initially designed as a six-month pilot program, after which the DOL will evaluate the effectiveness, participation rate and results to determine whether to make it permanent.

Cloud-based distributed law firm partnership FisherBroyles LLP announced that John Eisenhart, Elizabeth Haanes, James W. Hill, Keats Quinalty and Cara Crowley-Weber have joined the firm as partners and members of the Patent Prosecution team, which is part of the firm’s Intellectual Property (IP) practice group.

“We are thrilled to welcome John, Elizabeth, James, Keats, and Cara to the firm and its Intellectual Property practice group, which continues to expand and solidify its place among the top IP law groups in the nation,” said FisherBroyles Intellectual Property Managing Partner T.J. DoVale. “FisherBroyles attracts top-notch talent by aligning the interests of our clients with the interests of the firm and our attorneys. With very low overhead, we can offer our clients the experience of Am Law 200 partner-level attorneys without pricing ourselves out of the market.”

The FisherBroyles Intellectual Property practice group includes more than 50 patent prosecutors, 12 trademark prosecutors, and several IP litigators and transaction attorneys. All five new IP partners come to FisherBroyles with strong technical backgrounds and BigLaw experience.

Eisenhart joins the firm’s Washington, D.C., office from Nixon Vanderhye P.C. in Arlington, Va. He focuses his practice on U.S. and international patent prosecution for all manner of computer software, telecommunications and voice over IP, imaging and displays, semiconductor fabrication and packaging techniques, mechanical systems, electronics, optics and biomedical engineering technology. He received his J.D. from George Mason School of Law and his Bachelor of Science from Virginia Polytechnic Institute and State University.

Also based in the firm’s Washington office, Haanes most recently was a partner at Thompson Coburn LLP. She focuses her practice on the technology areas of vaccines, infectious diseases, medical diagnostics, biomarkers, personalized medicine, therapeutic antibodies, genomics, proteomics, and gene therapy. She received her J.D. from the University of Colorado, her Ph.D. from the University of Minnesota, and her Bachelor of Science from the University of Michigan.

Hill joins FisherBroyles’ Los Angeles office from Perkins Coie LLP, where he also was a partner. His legal practice includes patent litigation and prosecution, strategic counseling, intellectual property due diligence and licensing in the areas of medical devices, biotechnology, pharmaceuticals, software, and signal and imaging processing. He received his J.D. (cum laude) from Boston University, his M.D. from the University of Southern California, and his Bachelor of Science from California State University, Los Angeles.

Based in FisherBroyles’ Atlanta office, Quinalty most recently was a partner at Womble Bond Dickinson. He has more than 20 years of experience working with patents, including all aspects of patent application preparation and prosecution, client counseling regarding IP protections and strategies, and drafting opinions. His experience also includes more than two years working as a patent examiner at the U.S. Patent and Trademark Office. He received his J.D. from the Washburn University School of Law and his Bachelor of Science from the University of Missouri-Columbia.

Crowley-Weber joins the firm’s Denver office from Brownstein Hyatt Farber Schreck, LLP, where she was a partner and former co-chair of the Intellectual Property practice. She works with companies from coast to coast providing counsel on patent portfolio management and business strategies to drive revenue based on intellectual property in the biotechnology, pharmaceutical, chemical, energy and agriculture industries. Her work also includes advising clients on intellectual property matters. She received her J.D. from the University of Arizona James E. Rogers College of Law, her Ph.D. from the University of Arizona Health Science Center, and her Bachelor of Science from the University of Arizona.

Jennifer L. Ciralsky has joined Michael Best in its Milwaukee office as a partner in the firm’s Labor & Employment Relations Practice Group.

“We’re thrilled to have Jennifer join our employment team,” said Daniel Kaufman, Labor & Employment Relations Practice Group Chair. “Jennifer brings a wealth of knowledge and experience representing management in a wide range of employment issues. She is a great addition to our already-strong practice.”

In a release, the firm said Ciralsky advises clients on a broad range of employment laws including Title VII, the Family and Medical Leave Act, the Americans with Disabilities Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Wisconsin Fair Employment Act, and Wisconsin wage and hour laws. She additionally provides counsel on discipline and terminations as well as affirmative action obligations.

The release also says Ciralsky defends employers in state and federal courts and before state and federal government agencies, including the Wisconsin Equal Rights Division, the Wisconsin Department of Labor Standards, the Equal Employment Opportunity Commission, and the Department of Labor.

“I’m excited to join Michael Best’s Labor & Employment Group,” said Ciralsky. “The firm’s nationwide growth and full-service capabilities, coupled with its strong labor & employment bench, create the ideal platform for serving clients’ myriad needs. I’m looking forward to working alongside my colleagues to provide added value to clients.”

Prior to joining Michael Best, Ciralsky worked at a global labor and employment firm.

Ciralsky received her J.D., magna cum laude, from Georgetown University Law Center, her M.B.A. from Georgetown University, and her B.A. from the University of Wisconsin.

Hogan Lovells announced that bankruptcy lawyers Richard Wynne, Bennett Spiegel, and Erin Brady have joined the firm’s Business Restructuring and Insolvency (BRI) practice as partners in Los Angeles. Additionally, Wynne will serve as co-head of the U.S. BRI practice.

In a release, the firm said all three are recognized leaders in their practice, with significant experience advising debtors, creditors, creditors’ committees, bondholders, trustees, and buyers across a wide range of industries. They frequently handle complex restructuring matters, Chapter 11 cases, and out-of-court workouts in jurisdictions across the nation. Practicing together for over 15 years, the three have had leading roles in many of the largest and most complex Chapter 11 restructuring cases.

“We have been looking to expand the national capabilities of our BRI practice, and Rick, Bennett, and Erin are an ideal fit,” said Chris Donoho, head of the firm’s Business Restructuring and Insolvency practice group for the Americas. “They have a nationally recognized practice and their ability in particular to do big-ticket debtor side and official creditors’ committee work will significantly improve our ability to take on the largest and most complex of matters. Plus, they are terrific individuals that are a great personality fit, and I especially look forward to working alongside Rick in leading the BRI practice.”

Mike Maddigan, office managing partner for the firm’s Los Angeles office, added: “Our firm and our office are committed to excellence. As we continue to grow our presence in Southern California, we are looking for top-tier talent that will benefit the evolving needs of our clients. Rick, Bennett, and Erin bring a world-class reputation and the experience necessary to expand our offerings in the BRI market locally and nationally. We are particularly pleased to be adding their significant entertainment industry experience to the capabilities of our Los Angeles Office.”

About the lawyers:

Rick Wynne: Nationally recognized for successful results in many complex Chapter 11 bankruptcy cases and out-of-court workouts. He focuses on solving clients’ most challenging problems by designing and implementing negotiations, litigation strategy and as lead trial counsel in a wide range of industries. Wynne is currently representing Mattel as the largest creditor and Creditors Committee Co-Chair in the Toys R Us Chapter 11 case. He has been recognized for his strength in consensus-building skills, valuation litigation and trials, winning praise in Chambers as a “fantastic” lawyer who is a “tenacious and savvy negotiator” and “does exceptionally well in court.” After Wynne led a team that won an expedited trial against Netflix for Relativity Media, Federal Bankruptcy Judge Wiles, in awarding Relativity all of its legal fees over Netflix’s objections, ruled that “A complicated, fast-paced ‘bet the company’ litigation requires counsel of higher caliber and expense than a routine case with little at stake. A party may not need a Ferrari to go to the corner grocery store, but winning a Grand Prix race is a different matter.”

Wynne, who is an amateur car racer, earned his J.D. from Columbia University and his B.A. from Indiana University.

Bennett Spiegel: Spiegel has represented debtors, creditors, creditors’ committees, trustees, and buyers in corporate restructurings and bankruptcies for more than three decades. He recently represented RBS in the Thornburg Mortgage cases. Spiegel has substantial entertainment industry expertise, having represented Zsa Zsa Gabor in her Chapter 11 case, as well as Motley Crue in the Bankruptcy case of band member Vince Neil, Relativity Media in the Section 363 sale of its television business and confirmation of a chapter 11 reorganization plan. He has also represented Leiner Health Products, Calpine, Cable & Wireless and W.R. Grace as Chapter 11 debtors. Spiegel earned a J.D. and M.B.A. from Yale University and his B.A. from Rutgers College.

Erin Brady: Brady focuses her practice on the representation of debtors, creditors’ committees, trustees, individual creditors, and others in high-stakes bankruptcy litigation and corporate restructurings. Throughout her career, she has successfully helped clients resolve the legal turmoil surrounding corporate restructurings and liquidations. She represented American Apparel and its affiliates in their two recent chapter 11 cases and been recognized as one of Law 360’s Rising Stars and Global Restructuring Review’s “Top 40 Under 40” for her work on high-profile matters in the Relativity Media, Chemtura, Fleming Companies, Quiznos, Adelphia, and Thornburg Mortgage cases. Brady earned her J.D. from Pepperdine University and her B.A. from Cardinal Stritch University.

The $1 billion fine levied by federal regulators against Wells Fargo is unlikely to hobble or even slow down the bank, thanks to the massive corporate tax cut passed by Congress last year, reports The Washington Post.

Reporter Renae Merle explains: “Just in the first quarter, Wells Fargo’s effective tax rate fell from about 28 percent to 18 percent, saving it more than $600 million. For the entire year, the tax cut is expected to boost the company’s profits by $3.7 billion, according to the Goldman Sachs report.”

“Despite its regulatory headaches, Wells Fargo remains massively profitable. The bank reported Friday that although the fine drove down its first-quarter profits by $800 million, it still netted $4.7 billion,” Merle writes.

Read the Post article.

The Supreme Court of Texas recently examined the intersection of the rule against perpetuities and the oil patch in ConocoPhillips Co. v. Koopmann, No. 16-0662, writes Thomas G. Ciarlone Jr. in Kane Russell Coleman Logan’s Energy Law Today blog.

The rule provides “that no interest within its scope is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.”

Ciarlone discusses the Koopman case and explains that it represents a positive result for the industry, one which will promote certainty in deed construction and therefore encourage robust exploration and development activities.

Read the article.

Meritas will present a webinar titled “When #MeToo Means #YouToo: What to do when you’re in the sexual harassment hot seat.”

The event will be Wednesday, May 2, 2018, at 1 p.m. CDT.

“The #MeToo movement has many employers uncertain about the best ways to protect themselves from sexual harassment complaints and the right way to respond after a complaint has been made,” the firm says on its website. “This seminar will explore how our definitions of sexual harassment have evolved in the age of #MeToo and the misconceptions that have formed around this issue.”

“Participants will come away with actionable advice they can put to use to avoid the damage that such claims can create, not just in terms of liability but also in workplace culture, employee attraction and retention.”

Register for the webinar.

A federal judge’s ruling means Facebook could face billions of dollars in damages if the court finds the company violated Illinois residents’ privacy rights with its facial tagging feature, reports the Chicago Tribune.

Reporter Ally Marotti explains that the potential penalty stems from a federal lawsuit filed in Illinois in 2015 that alleges the social media giant violated a state law protecting residents’ biometric information, such as data from facial, fingerprint and iris scans. Illinois has one of the strictest biometric privacy laws in the nation.

Facebook has argued that if its collection of biometric information did not harm individuals, they do not have grounds to sue under Illinois’ biometrics law. But the judge in the case determined that an alleged invasion of privacy was injury enough to allow users to sue.

Read the Tribune article.